07/15/2004 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  1999-DR-00296-SCT

Anthony Doss v. State of Mississippi; Grenada Circuit Court; LC Case #: 6078A; Ruling Date: 03/30/1993; Ruling Judge: James Sumner; Disposition: Pro Se Petition for Post-Conviction Relief filed by Anthony Doss is dismissed as moot. Diaz and Randolph, JJ., not participating. Order entered.

Anthony Doss v. State of Mississippi; Grenada Circuit Court; LC Case #: 6078A; Ruling Date: 03/30/1993; Ruling Judge: James Sumner; Disposition: Request for Approval of Circuit Court Order Regarding Attorneys' Fees, Motion for Interim Payment of Attorney Fees, and Supplemental Request for Approval of Circuit Court Order Regarding Attorneys' Fees filed by Robert B. McDuff, counsel for Anthony Doss are granted. Diaz and Randolph, JJ., not participating. Order entered.

Anthony Doss v. State of Mississippi; Grenada Circuit Court; LC Case #: 6078A; Ruling Date: 03/30/1993; Ruling Judge: James Sumner; Disposition: State of Mississippi's motion to strike is granted. Diaz and Randolph, JJ., not participating. Order entered.

Anthony Doss v. State of Mississippi; Grenada Circuit Court; LC Case #: 6078A; Ruling Date: 03/30/1993; Ruling Judge: James Sumner; Disposition: Doss' Petition for Leave to Seek Post-Conviction Relief is granted in part and denied in part. See Opinion of this Court handed down this date. Diaz and Randolph, JJ., not participating.

Anthony Doss v. State of Mississippi; Grenada Circuit Court; LC Case #: 6078A; Ruling Date: 03/30/1993; Ruling Judge: James Sumner; Majority Opinion: Cobb, P.J. Disposition: Leave to Seek Post-Conviction Relief, Granted in Part and Denied in Part. Grenada County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Graves and Dickinson, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part with Separate Written Opinion. Diaz and Randolph, JJ., not participating. Concurring in Part and Dissenting in Part Opinion: Easley, J.

Mary Lynn Fagan v. State of Mississippi; Clarke Circuit Court; LC Case #: 2001-CR-01; Ruling Date: 08/23/2001; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by Mary Lynn Fagan is granted. To Grant: Cobb, P.J., Carlson, Graves and Randolph, JJ. To Deny: Smith, C.J., Waller, P.J., Easley and Dickinson, JJ. Not Participating: Diaz, J. Order entered.

Paul Elvis Crawford v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-01-007; Ruling Date: 04/24/2001; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for writ of certiorari filed pro se by Paul Elvis Crawford is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

James C. Arendale v. Balkamp, Inc. and The Travelers Insurance Company; Leflore Circuit Court; LC Case #: 2001 018 CI; Ruling Date: 09/24/2001; Ruling Judge: Richard Smith; Disposition: Petition for writ of certiorari filed by James C. Arendale is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Grant: Easley, J. Not Participating: Diaz and Graves, JJ. Order entered.

Lori Nichols v. David Wayne Funderburk; Itawamba Chancery Court; LC Case #: 01-0165; Ruling Date: 12/21/2001; Ruling Judge: Jacqueline Mask; Disposition: Petition for writ of certiorari filed by counsel for Lori Nichols is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Michael J. Johnson v. State of Mississippi; Rankin Circuit Court; LC Case #: 12183; Ruling Date: 11/14/2000; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by Michael J. Johnson is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson, and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Danny L. Holley v. Wanda S. Holley; Lowndes Chancery Court; LC Case #: 2001-0793; Ruling Date: 02/15/2002; Ruling Judge: James Gore; Disposition: Petition for writ of certiorari filed by counsel for Wanda S. Holley is granted.. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Graves, J. Not Participating: Diaz and Easley, JJ. Order entered.

Michael L. Griffin and Angela Griffin v. Jefferson C. McKenney, M.D.; Harrison Circuit Court 2nd District; LC Case #: A2402-00-00003; Ruling Date: 10/15/2001; Ruling Judge: Robert Walker; Disposition: Petition for writ of certiorari filed by Michael and Angela Griffin is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Joseph Griffith v. Sue Ann Pell, Next Friend and Parent of Stephanie Ann Pell, Minor; Warren Chancery Court; LC Case #: 00-072GN; Ruling Date: 02/12/2002; Ruling Judge: Jane Weathersby; Consolidated with 2003-CA-00202-SCT Robert "Sonny" Pell v. Sue Ann Pell; Warren Chancery Court; LC Case #: 98-284-GN; Ruling Date: 11/22/2002; Ruling Judge: Jane Weathersby; Disposition: Petition for writ of certiorari filed by counsel for Joseph Griffith is granted. This matter shall be consolidated with Pell v. Pell, 2003-CA-00202-SCT. To Grant and Consolidate: Smith, C.J., Cobb, P.J., Carlson, Dickinson and Randolph, JJ. To Deny: Waller, P.J., and Easley, J. Not Participating: Diaz and Graves, JJ. Order entered.

Joseph Griffith v. Sue Ann Pell, Next Friend and Parent of Stephanie Ann Pell, Minor; Warren Chancery Court; LC Case #: 00-072GN; Ruling Date: 02/12/2002; Ruling Judge: Jane Weathersby; Consolidated with 2003-CA-00202-SCT Robert "Sonny" Pell v. Sue Ann Pell; Warren Chancery Court; LC Case #: 98-284-GN; Ruling Date: 11/22/2002; Ruling Judge: Jane Weathersby; Disposition: Petition for writ of certiorari filed by counsel for Joseph Griffith is granted. This matter shall be consolidated with Pell v. Pell, 2003-CA-00202-SCT. To Grant and Consolidate: Smith, C.J., Cobb, P.J., Carlson, Dickinson and Randolph, JJ. To Deny: Waller, P.J., and Easley, J. Not Participating: Diaz and Graves, JJ. Order entered.

Shelia Dupree, Individually, and as Conservator of the Person and Estate of Annie Sanders v. Plantation Pointe, L.P. d/b/a The Windsor Place; Lauderdale Circuit Court; LC Case #: 01-CV-00007(R); Ruling Date: 02/12/2002; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by Plantation Pointe, L.P., d/b/a The Windsor Place is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

Larry D. Hardin a/k/a "Peter Rabbit" v. State of Mississippi; Adams Circuit Court; LC Case #: 11,014; Ruling Date: 03/25/2002; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petition for writ of certiorari filed by Larry D. Hardin is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Walter W. Eckman, M.D. and Aurora Spine Centers-Mississippi, Inc. v. Linda Michelle Moore, Individually, and for and on Behalf of the Wrongful Death Beneficiaries of Jason Taylor Moore, Deceased; Lee Circuit Court; LC Case #: 00-0174(B)L; Ruling Date: 03/04/2002; Ruling Judge: Richard Bowen; Disposition: Joint Motion of Appellee and Appellants to Withdraw Appellee's Petition for Rehearing is granted. Appellee's Motion for Rehearing is dismissed. The principal and sureties on the appellants' supersedeas bond are, by agreement of the parties, discharged. Diaz, J., not participating. Order entered.

Walter W. Eckman, M.D. and Aurora Spine Centers-Mississippi, Inc. v. Linda Michelle Moore, Individually, and for and on Behalf of the Wrongful Death Beneficiaries of Jason Taylor Moore, Deceased; Lee Circuit Court; LC Case #: 00-0174(B)L; Ruling Date: 03/04/2002; Ruling Judge: Richard Bowen; Disposition: Joint Motion of Appellee and Appellants to Withdraw Appellee's Petition for Rehearing is granted. Appellee's Motion for Rehearing is dismissed. The principal and sureties on the appellants' supersedeas bond are, by agreement of the parties, discharged. Diaz, J., not participating. Order entered.

Kenneth Bernard Webb v. State of Mississippi; Madison Circuit Court; LC Case #: 99-0375; Ruling Date: 04/12/2002; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by Kenneth Bernard Webb is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson, and Randolph, JJ. To Grant: Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

Catherine Ann Elliott v. George Woods Elliott, Jr.; Madison Chancery Court; LC Case #: 97-201; Ruling Date: 03/06/2002; Ruling Judge: Gail Barnett; Disposition: Petition for writ of certiorari filed by Catherine Ann Elliott is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Cobb, P.J. Not Participating: Diaz, J. Order entered.

Rece Vaughn v. Richard Ambrosino and Ellen Ambrosino; Madison Circuit Court; LC Case #: CI 2000-139; Ruling Date: 02/19/2002; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by counsel for Rece Vaughn is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Easley, J. Not Participating: Diaz and Graves, JJ. Order entered.

In the Matter of the Estate of Mary M. Pigg, Deceased: Earl J. McClendon, Individually, and as Executor v. David L. McClendon, Hugh I. McClendon, Myrtis M. Doyle and Sharon M. Wheetley; Washington Chancery Court; LC Case #: 200670; Ruling Date: 06/03/2002; Ruling Judge: Ceola James; Disposition: Petition for writ of certiorari filed by David L. McClendon, Hugh I. McClendon, Myrtis M. Doyle and Sharon M. Wheetley is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. To Grant: Easley and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Jesse M. Ash, Sr. v. Floy Lorriane Russom Ash; Marshall Chancery Court; LC Case #: 00-0160; Ruling Date: 04/03/2002; Ruling Judge: Glenn Alderson; Disposition: Petition for writ of certiorari filed by Floy Ash is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. To Grant: Randolph, J. Not Participating: Diaz and Graves, JJ. Order entered.

Lowell E. Fountain v. Adrianne Fountain; Harrison Chancery Court 2nd District; LC Case #: 2402-92-904; Ruling Date: 03/15/2001; Ruling Judge: Margaret Alfonso; Disposition: Petition for writ of certiorari filed by counsel for Adrianne Fountain is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves and Dickinson, JJ. To Grant: Easley and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Curtis David Hawthorne v. State of Mississippi; Lee Circuit Court; LC Case #: CR01-176; Ruling Date: 07/01/2002; Ruling Judge: Richard Bowen; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

Clint Trace Hunt a/k/a Clint Hunt a/k/a Clinton Trace Hunt v. State of Mississippi; Forrest Circuit Court; LC Case #: CI01-0083; Ruling Date: 07/22/2002; Ruling Judge: Richard McKenzie; Disposition: Petition for writ of certiorari filed by the State of Mississippi is denied. To Deny: Smith, C.J., Waller, P.J., Carlson, Graves and Dickinson, JJ. To Grant: Cobb, P.J., Easley and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Gloria Partlow, Personal Representative of The Heirs of The Estate of Sonya L. Partlow, Deceased v. Rickey McDonald; Lee Circuit Court; LC Case #: 98-231(G)(L); Ruling Date: 05/01/2002; Ruling Judge: Thomas Gardner, III; Disposition: Petition for writ of certiorari filed by Gloria Partlow is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Grant: Easley, J. Not Participating: Diaz and Graves, JJ. Order entered.

Leslie J. Cortez v. State of Mississippi; Rankin Circuit Court; LC Case #: 13023; Ruling Date: 07/19/2002; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by counsel for Leslie J. Cortez is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Bobbie McIntosh v. Victoria Corporation d/b/a The Nail Shop; Lauderdale Circuit Court; LC Case #: 99-CV-111(B); Ruling Date: 08/12/2002; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed by Bobbie McIntosh is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not participating: Diaz and Graves, JJ. Order entered.

James Franklin Putnam v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-00-00492; Ruling Date: 08/29/2002; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for writ of certiorari filed by James Franklin Putnam is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Paula L. Johnson v. Richard E. Johnson; Wayne Chancery Court; LC Case #: 2000-294; Ruling Date: 08/22/2002; Ruling Judge: Sarah Springer; Disposition: Petition for writ of certiorari filed by Richard E. Johnson is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves and Dickinson, JJ. To Grant: Easley and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Mark Carr v. State of Mississippi; Tippah Circuit Court; LC Case #: TK98-062; Ruling Date: 08/14/2002; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed by counsel for Mark Carr is granted. To Grant: Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. To Deny: Smith, C.J., and Easley, J. Not Participating: Diaz, J. Order entered.

Braydon Cole Stigall v. State of Mississippi; Lincoln Circuit Court; LC Case #: 01-264-MS; Ruling Date: 02/22/2002; Ruling Judge: Mike Smith; Disposition: Petition for writ of certiorari filed by counsel for Braydon Cole Stigall is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Easley, J. Not Participating: Diaz, J. Order entered.

Edward Fred Holbrook, Jr., a/k/a Bubba v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CR-2002-37-BP2; Ruling Date: 10/10/2002; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed by Edward Fred Holbrook, Jr. is denied. To Deny: Smith, C.J., Waller, P.J., Carlson, Dickinson, and Randolph, JJ. To Grant: Cobb, P.J., Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

Shirley Byrne and Jimmy Byrne v. Wal-Mart Stores, Inc., and Andrew Lightsey and Jane Doe; Wayne Circuit Court; LC Case #: CV-2000-168 R; Ruling Date: 10/08/2002; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by counsel for Shirley Byrne and Jimmy Byrne is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Easley, J. Not Participating: Diaz, J. Order entered.

Michael Warren Willie v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 11,694; Ruling Date: 10/07/2002; Ruling Judge: Robert Evans; Disposition: Motion for rehearing filed pro se by Michael Warren Willie is denied. Waller and Cobb, P.JJ., and Dickinson, J., would grant. Diaz, J., not participating.

Phillip Horne, et al. v. Mobile Area Water & Sewer System, Board of Water & Sewer Commissioners of the City of Mobile, Alabama, and City of Mobile, Alabama; Jackson Chancery Court; LC Case #: 99-2027; Ruling Date: 10/21/2002; Ruling Judge: Donald Patterson; Majority Opinion: Cobb, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Nathaniel Burnett v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2001-0023-CR; Ruling Date: 10/23/2002; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by Nathaniel Burnett is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

William Dwayne Salter v. State of Mississippi; George Circuit Court; LC Case #: 2002-0077(2)(3); Ruling Date: 10/26/2002; Ruling Judge: Dale Harkey; Disposition: Petition for writ of certiorari filed pro se by William Dwayne Salter is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Cobb, P.J. Not Participating: Diaz, J. Order entered.

Jonathan McGriggs v. State of Mississippi; Copiah Circuit Court; LC Case #: 2002-0640; Ruling Date: 12/20/2002; Ruling Judge: Lamar Pickard; Disposition: Petition for writ of certiorari filed pro se by Jonathan McGriggs is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

River Oaks Health System d/b/a Woman's Hospital v. LaShawn Steptoe-Finley and Willis Finley, Individually and as the Parents and Next Friend of Kaitlyn Jai Steptoe-Finley; Hinds Circuit Court 1st District; LC Case #: 251-01-1270civ; Ruling Date: 06/23/2004; Ruling Judge: Winston Kidd; Disposition: Emergency Petition for Stay of the Proceedings and for Interlocutory Appeal filed by counsel for River Oaks Health System d/b/a Woman's Hospital is granted as to the request for permission to appeal. The order denying transfer of venue is reversed, and this matter is remanded to the trial court for proceedings consistent with this order. The Petitioner's motion for stay is dismissed as moot. Diaz, J., not participating. Dickinson, J., for the Court. Order entered.

River Oaks Health System d/b/a Woman's Hospital v. LaShawn Steptoe-Finley and Willis Finley, Individually and as the Parents and Next Friend of Kaitlyn Jai Steptoe-Finley; Hinds Circuit Court 1st District; LC Case #: 251-01-1270civ; Ruling Date: 06/23/2004; Ruling Judge: Winston Kidd; Disposition: Emergency Petition for Stay of the Proceedings and for Interlocutory Appeal filed by counsel for River Oaks Health System d/b/a Woman's Hospital is granted as to the request for permission to appeal. The order denying transfer of venue is reversed, and this matter is remanded to the trial court for proceedings consistent with this order. The Petitioner's motion for stay is dismissed as moot. Diaz, J., not participating. Dickinson, J., for the Court. Order entered.